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April 24, 2008
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AG's opinion says golf carts not legal for streets, sidewalks
By Barry H. Hendrix Managing Editor

The Town of Grove Hill will begin to enforce a state law barring golf carts, four wheelers and dirt bikes from town sidewalks and public streets. The town hall and local police have received numerous complaints in the past several months concerning reckless driving of these vehicles.

Town Attorney Bruce Wilson presented the town council Monday with an opinion by Alabama Attorney General Troy King requested by the City of Brewton. According to King, "a golf cart is a motor vehicle within the definition of section 32-1-1.1(32) of the Code of Alabama that may not be used upon the sidewalk or sidewalk area.

"(Futhermore) a golf cart is not a vehicle within the definition of sections 32-1-1.1(81) or 40- 12-240(27) of the Code of Alabama and, therefore, may not be used to traverse the public streets of a municipality."

In a response to Brewton City Attorney Edward Hines, King stated state law that prohibits a person from driving "any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway."

In addition, motor vehicles, which are operated on the public highways, must have a proper license tag secured.

"It is doubtful that any manufacturer designed a golf cart for use on highways," King's opinion stated.

"There is no ordinance necessary," Wilson said Tuesday. "It's the state law….Then it becomes an enforcement issue."

The attorney believes the AG opinion applies also to four wheelers and dirt bikes. "This is sort of a work in progress," he said Tuesday. Wilson said that residents must be aware that these vehicles are not to be driven on sidewalks or town streets or they could receive a citation. The use of these vehicles has exploded in recent months, he said.

The council is not trying to restrict vehicles used by the handicapped or the elderly.

Other business

In other action from Monday's meeting, the town council approved purchase of a handicapped table, four regular tables, two benches, and three garbage cans for the new Pocket Park being constructed near the Clarke County Courthouse. Six additional garbage cans will be purchased for the general area.

•The council approved mobile home permits for Latisha Pendleton at 166 Forest Lane and H.D. and Vivian Paul at lot No. 14 on Broad Street.

•The council approved the sales tax holiday for August 1-3.

•Paul Darnell of D&D engineering of Andalusia reported to the council that the sewer project on Court Street has been completed. In addition, all current construction projects, including the housing project near the middle school, can be served by the town's current sewer system.

•A request by Police Chief Leo Frazier of $2,500 for the district drug task force was tabled until the next meeting.

•The council approved placing a $205 quarter page ad in the graduation section of The Clarke County Democrat.
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